Florida Regulations 66B-3.004: General Requirements
Current as of: 2024 | Check for updates
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(1) Land acquisition procedures provided for in this part of the rule are for voluntary, negotiated acquisitions under purchase agreements for purchase, option or exchange. The purpose and intent of this section is to provide uniform and efficient procedures for the acquisition of interests in real property title to which will vest in the District, in accordance with legal requirements and sound business practice.
(2) Neither the Board nor its agent shall commit the District to the purchase of land, through any instrument of negotiated contract or agreement for purchase, unless the provisions of this rule, have been complied with.
(3) Prior to the District initiating acquisition of property, the District shall contact the Department of Environmental Protection’s Division of State Lands to determine the availability of existing suitable state owned lands in the area which meet the public purpose for which the acquisition is being proposed. If the District determines that no suitable state owned lands exist, it may proceed to acquire the property by employing this rule and all available statutory authority for acquisition.
(4) All conveyances to the District of fee title in land shall be by no less than a special warranty deed, unless the conveyance is from another governmental agency, or, if a gift or donation is made by quitclaim deed and the Board or its designee, determines that accepting such quitclaim deed is adequate to convey fee title in the land to the District, with the District basing such determination on its review of title reports and receipt of adequate title insurance coverage. The District may accept a quitclaim deed to aid in clearing title or boundary questions.
Rulemaking Authority Florida Statutes § 374.984(3). Law Implemented 374.984(1)-(3) FS. History-New 8-17-99.
Terms Used In Florida Regulations 66B-3.004
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) Prior to the District initiating acquisition of property, the District shall contact the Department of Environmental Protection’s Division of State Lands to determine the availability of existing suitable state owned lands in the area which meet the public purpose for which the acquisition is being proposed. If the District determines that no suitable state owned lands exist, it may proceed to acquire the property by employing this rule and all available statutory authority for acquisition.
(4) All conveyances to the District of fee title in land shall be by no less than a special warranty deed, unless the conveyance is from another governmental agency, or, if a gift or donation is made by quitclaim deed and the Board or its designee, determines that accepting such quitclaim deed is adequate to convey fee title in the land to the District, with the District basing such determination on its review of title reports and receipt of adequate title insurance coverage. The District may accept a quitclaim deed to aid in clearing title or boundary questions.
Rulemaking Authority Florida Statutes § 374.984(3). Law Implemented 374.984(1)-(3) FS. History-New 8-17-99.